- January 12, 1998
- All Stewart Title Offices and Agents in Florida
- Butler Litigation
On December 10, 1997, the trial court hearing the Butler litigation heard a motion for summary judgment filed by Butler. You will recall that the Butler litigation is an attempt by a commercial developer to create a right on the part of a title insurance customer to negotiate the agent's share of the premium.
The judge has now rendered his decision. The most important part of the judge's decision was to rule that the statute permitting rebating (under certain limited circumstances) does not apply to title insurance, as we have been arguing. He also cites several additional statutes which he agrees prohibit rebating by title agents as to the risk premium.
This is just one intermediate step in this litigation and you can be sure that whichever side wins at the trial level will appeal, but it does represent a major victory for our side.
Stewart is one of the small group of underwriters which, along with the FLTA, are parties to this litigation attempting to protect the agent's right to its share of the premium.
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